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A87138 The Rota: or, A model of a free-state, or equall common-wealth: once proposed and debated in brief, and to be again more at large proposed to, and debated by a free and open society of ingenious gentlemen.; Art of law-giving. Selections Harrington, James, 1611-1677.; Rota (Club) 1660 (1660) Wing H821; Thomason E1013_7; ESTC R202586 12,750 31

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December That they then and there elect out of their own number every fifth man or one man out of every five to be for the term of the year ensuing a Deputy of that Parish and that the first and second so elected be Overseers or Presidents for the regulating of all Parochiall Congregations whether of the Elders or of the Youth during the term for which they were elected 5. That so many Parishes lying nearest together whose Deputies shall amount to one hundred or thereabouts be cast into one Precinct called the Hundred And that in each Precinct called the Hundred there be a Town Village or place appointed to be the Capitall of the same 6. That the Parochial Deputies elected throughout the Hundred assemble annually for example upon Munday next ensuing the last of January at the Capitall of their Hundred That they then and there Elect out of the Horse of their number one Justice of the Peace one Jury Man one Captain one Ensign and out of the Foot of their number one other Jury Man one High-Constable c. 7. That every twenty hundreds lying neerest and most conveniently together be cast into one Tribe or Shire That the whole Territory being after this manner cast into Tribes or Shires some Town Village or place be appointed unto every Tribe or shire for the Capitall of the same And that these three Precincts that is the Parish the Hundred and the Tribe or shire whether the Deputies thenceforth annually chosen in the Parishes or Hundreds come to increase or diminish remain firm and inalterable for ever save only by Act of Parliament 8. That the Deputies Elected in the severall Parishes together with their Magistrates and other Officers both Civill and Military Elected in their severall Hundreds Assemble or Muster annually For example upon Munday next ensuing the last of February at the Capitall of their Tribe or Shire 9. That the whole body thus Assembled upon the first day of the Assembly Elect out of the Horse of their number one High Sheriff one Lieutenant of the Tribe or Shire one Custos Rotulorum one Conductor and two Censors That the High Sheriffe be Commander in Cheife the Lieutenant Commander in the second place and the Conductor in the third of this Band or squadron That the Custos Rotulorum be Muster-Master and keep the Rolls That the Censors be Governors of the Ballot And that the Terme of these Magistracies be Annuall 10. That the Magistrates of the Tribe that is to say the High-Sheriff Lieutenant Custos Rotulorum the Censors and the Conductor together with the Magistrates and Officers of the Hundred that is to say the twenty Justices of the Peace the forty Jury-Men the twenty High-Constables be one Troope and one Company apart called the Prerogative Troop or Company That this Troope bring in and assist the Justices of Assize hold the quarter Sessions in their severall capacities and performe their other Functions as formerly 11. That the Magistrates of the Tribe or shire that is to say the High Sheriff Lieutenant Custos Rotulorum the Censors and the Conductor together with the twenty Justices Elected at the Hundreds be a Court for the Government of the Tribe called the Phylarch and that this Court Proceed in all matters of Government as shall from time to time be directed by Act of Parliament 12. That the Squadron of the Tribe upon the second day of their Assembly Elect two Knights and three Burgesses out of the Horse of their number and four other Burgesses out of the foot of their number That the Knights have Session in the Senate for the Terme of three yeares and that the Burgesses be of the Prerogativ e Tribe or Representative of the People for the lik e Terme That if in case of death or expulsion a Place become void in the Senate or Popular Assembly the respective shire or Tribe have timely notice from the Signory and proceed in the manner aforesaid unto extraordinary Election of a Deputy or Senator for the remaining part of the Terme of the Senator or Deputy deceased or expelled 13. That for the full and perfect institution at once of the Assemblies mentioned the Squadron of each Tribe or Shire in the first year of the Common-Wealth Elect two Knights for the Terme of one year two other Knights for the Terme of two yeares and lastly two Knights more for the Terme of three yeares the like for the Burgesses of the Horse first and then for those of the Foot 14. That a Magistrate or Officer Elected at the Hundred be thereby barred from being Elected a Magistrate of the Tribe or of the first dayes Election that no former Election whatsoever barr a man of the second dayes Election at the Tribe or to be chosen a Knight or Burgesse That a man being Chosen a Knight or Burgesse who before was Chosen a Magistrate or Officer of the Hundered or Tribe delegate his former Office or Magistracy in the Hundered or the Tribe to any other Deputy being no Magistrate nor Officer and being of the same Hundred and of the same Order that is of the Horse or of the Foot respectively That the whole and every part of the foregoing Orders for Election in the Parishes the Hundreds and the Tribes be holding and inviolate upon such penalties in case of failure as shall hereafter be provided by Act of Parliament against any parish Hundred Tribe or Shire Deputy or Person so offending 15. That the Knights of the Annuall Election in the Tribes take their Places on Munday next ensuing the last of March in the Senate That the like number of Knights whose Session determineth at the same time Rec●●e That every Knight or Senator be paid out of the Publique Revenue quarterly seventy five pounds during his Terme of Session and be obliged to sit in Purple Robes 16. That annually upon reception of the new Knights the Senate proceed unto election of new Magistrates and Counsellors That for Magistrates they elect one Archon or General one Orator or Speaker and two Censors each for the term of one year these promiscuously and that they elect one Commissioner of the Great Seale and one Commissioner of the Treasury each for the term of three years out of the new Knights onely 17. That the Archon or General and the Orator or Speaker as Consuls of the Common-wealth and Presidents of the Senate be during the term of their Magistracy paid quarterly five hundred pounds that the Ensignes of these Magistracies be a sword borne before the General and a Mace before the Speaker that they be obliged to wear Ducal Robes and that what is said of the Archon or General in this Proposition be understood only of the General sitting and not of the General marching 18. That the General sitting in case he be commanded to march receive Field-pay and that a new General be forthwith elected by the Senate to succeed him in the House with all the Rights Ensignes and Emoluments
of the General sitting and this so often as one or more Generals are marching 19. That the three Commissioners of the Great seal and the three Commissioners of the Treasury using their Ensignes and habit and performing their other functions as formerly be paid quarterly unto each of them three hundred seventy five pounds 20. That the Censors be each of them Chancellor of one University by vertue of their Election That they govern the Ballot that they be Presidents of the Councel for Religion That they have under appeale unto the Senate right to note and remove a Senator that is scandalous That each have a silver wand for the Ensign of his Magistracy That each be paid quarterly three hundred seventy five pounds and be obliged to weare scarlet Robes 21. That the general sitting the Speaker and the six Commissioners above-said be the Seigniory of this Common-wealth 22. That there be a Council of State consisting of fifteen Knights five out of each Order or Election and that the same be perpetuated by the annual Election of five out of the new Knights or last elected into the Senate 23. That there be a Council for Religion consisting of twelve Knights four out of each Order and perpepetuated by the annual election of four out of the Knights last elected into the Senate That there be a Council for Trade consisting of a like number elected and perpetuated in the same manner 24. That there be a Council of War not elected by the Senate but elected by the Council of State out of themselves That this Council of War consist of nine Knights three out of each Order and be perpetuated by the annual election of three out of the last Knights elected into the Council of State 25. That in case the Senate adde nine Knights more out of their own number unto the Council of War the said Council be understood by such Addition to be Dictator of the Common-wealth for the term of three moneths and no longer except by further order of the Senate the said Dictatorian power be prolonged for a like term 26. That the Seigniory have Session and Suffrage with right also joyntly or severally to propose both in the Senate and in all Senatorian Councils 27. That each of the three Orders or Divisions of Knights in each Senatorian Council elect one Provost for the term of one week and that any two Provosts of the same Council so elected may propose unto the respective Council and not otherwise 28. That some fair room or roomes well furnished and attended be allowed at the States charge for a free and open Academy unto all comers at some convenient houre or houres towards the evening That this Academy be governed according to the Rules of good breeding or civil conversation by some or all of the Proposers and that in the same it be lawful for any man by word of mouth or by writing in jest or in earnest to propose unto the Proposers 29. That for Embassadors in Ordinary there be four Residences as France Spain Venice and Constantinople That every Resident upon Election of a new Embassador in Ordinary remove to the next Residence in the order nominated till having served in them all he return home That upon Monday next ensuing the last of November there be every second year elected by the Senate some fit person being under thirty five yeares of age and not of the Senate nor of the popular Assembly that the party so elected repair upon Monday next ensuing the last of March following as Embassador in Ordinary unto the Court of France and there reside for the term of two yeares to be computed from the first of April next ensuing his Election That every Embassador in Ordinary be allowed three thousand pounds a yeare during the term of his Residencies and that if a Resident come to die there be an extraordinary Election into his Residence for his term and for the remainder of his Removes and progresse 30. That all emergent Elections be made by Scrutiny that is by a Council or by Commissioners proposing and by the Senate resolving in the manner following That all Field-Officers be proposed by the Council of War That all Embassadors extraordinary be proposed by the Council of State that all Judges and Serjeants at Law be proposed by the Commissioners of the Great Seal Tha● all Barons and Officers of Trust in the Exchequer be proposed by the Commissioners of the Treasury and that such as are thus proposed and approved by the Senate be held lawfully elected 31. That the cognizance of all matter of State to be considered or Law to be enacted whether it be Provincial or National Domestick or foreign appertaine unto the Council of State That such affaires of either kinde as they shall judge to require more secreey be remitted by this Councel and appertain unto the Council of War being for that end a select part of the same That the cognizance and protection both of the National Religion and of the liberty of conscience equally established after the manner to be shewne in the Religious part of this Modell appertain unto the Council for Religion That all matter of traffique and regulation of the same appertain unto the Council for Trade That in the exercise of these several Functions which naturally are Senatorian or Authoritative onely no Council assume any other power then such only as shall be estated upon the same by Act of Parliament 32. That what shall be proposed unto the Senate by one or more of the Signiory or Proposers general or whatever was proposed by any two of the Provosts or particular proposers unto their respective Council and upon debate at that Council shall come to be proposed by the same unto the Senate be necessarily debatable and debated by the Senate That in all cases wherein power is derived unto the Senate by Law made or by Act of Parliament the result of the Senate be ultimate that in all cases of Law to be made or not already provided for by Act of Parliament as war and peace levie of men or money or the like the result of the Senate be not ultimate That whatsoever is decreed by the Senate upon a case wherein their result is not ultimate be proposed by the Senate unto the Prerogative Tribe or Representative of the people except onely in cases of such speed or secrecy wherein the Senate shall judge the necessary slownesse or opennesse in this way of proceeding to be of detriment or danger unto the Common-wealth 33. That if upon the motion or proposition of a Council or Proposer-General the Senate add 9 Knights promiscuously chosen out of their own number unto the Council of War The same Council as thereby made Dictator have power of life and death as also to enact lawes in all such cases of speed or secrecy for and during the Term of three moneths and no longer except upon new Order from the Senate And that all Lawes enacted by